HomeMy WebLinkAboutResolution No. PZ2017-25'Villaye with a Past, C# with a Future fl
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-25
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO REDEVELOP THE
EXISTING BOAT LAUNCH LOCATED AT EAGLE ROCK TO BE MORE USER FRIENDLY
AND PROTECT VALUABLE NATURAL FEATURES.
APPLICANT: State of Alaska, Department of Natural Resources, Division of Parks and
Outdoor Recreation, 550 West 7th Avenue, Suite 650, Anchorage, AK 99501
PROPERTY ADDRESS: 4306 Eagle Rock Drive, Kenai, AK 99611
LEGAL DESCRIPTION: Tract A, Poore Subdivision, Section 6, T5N, R11 W
KENAI PENINSULA BOROUGH PARCEL NO: 049-060-88
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on July 24, 2017; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR); and,
WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153
was conducted by the Planning and Zoning Commission on August 23, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(1) The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
The subject parcel is zoned Rural Residential (RR), and is therefore subject to the Principal
Permitted and Conditional land -uses as shown on KMC 14.22.010 - Land Use Table. The
subject Facility was constructed by the previous private landowners and was installed prior
to the adoption of Kenai Municipal Code; therefore, the subject existing Facility is
considered a Nonconforming Use of Land as discussed under KMC 14.20.050(f). Thus,
Resolution No. PZ17-25 Conditional Use Permit
Page 12
before the subject Facility can be enlarged it requires the approval of a Conditional Use
Permit as a Commercial Recreation Facility. KMC 14.20.320 defines Commercial
Recreation as "a recreation facility operated as a business and open to the public for a fee"
The subject parcel is zoned RR which is defined as: "The RR Zone is intended to provide
for low density residential development in outlying rural areas in a form which creates a
stable and attractive residential environment, to separate residential structures to and
extent which will, preserve the rural, open quality of the environment, prevent health
hazards in areas not served by public water and sewer. Uses which would violate the
residential character of the environment or generate heavy traffic in predominantly
residential areas should be prohibited."
The subject parcel is approximately 54.55 -acres that has a history as a commercial boat
launch and parking area for the Kenai River. The subject parcel is accessed via Eagle Rock
Drive, west of the Kenai Spur Highway. Eagle Rock Drive is located west of Ross Street
and is a paved local street, which is maintained by the City of Kenai. Use of the subject
parcel would be restricted to those individuals who pay to park and use the Facility.
The subject project would construction or replacement of the following:
1. Resurfacing and reconstruction of the Entrance Road.
2. Installation of Traffic Flow Devices.
3. Construction of a Camp Host Site.
4. Replacement of the existing 24 -foot by 50 -foot boat ramp with a 32 -foot by 104 -foot boat
ramp and installation of a 6 -foot by 100 -foot American with Disabilities Act (ADA)
compliant boat ramp.
5. Excavation of the bank above the Mean High Tide Line around the boat ramp to
accommodate boat access. Approximately 3700 square feet of bank will be excavated,
including the boat ramp itself and three areas in the vicinity of the ramp. Approximately
320 square feet will be excavated adjacent to the ramp to accommodate ADA access.
An area of approximately 170 square feet will be excavated on the west side of the ramp
to accommodate the floating dock. Approximately 510 square feet is proposed to be
excavated from the bank south of the boat ramp to accommodate improved boater
access.
6. Installation of a 4 -foot by 25 -foot concrete block retaining wall alongside the boat ramp to
prevent bank erosion.
7. Installation of a 600 -square -foot concrete sidewalk interpretive area, 10 -foot by 14.5 -foot
orientation kiosk and 4 -foot by 6 -foot Kids Don't Float kiosk.
8. Installation of a 12.5 -foot long by 6 -foot wide by 1 -foot tall concrete abutment to act as a
transition ramp and a 141 -foot long stub wall in front of the interpretive area.
9. Installation of a new freestanding light pole and seven signs, including four interpretive
signs.
Resolution No. PZ17-25 Conditional Use Permit
Page 13
10. Installation of additional parking bumpers and expansion of the parking lot by 1,450
square feet into an already disturbed area.
11. Installation of curb and gutter area. A curb drain with 18 inches of drain rock will be
installed at the outlet.
12. Installation of 78 liner feet of ADA compliant, Elevated 40% Light Penetrating (ELP)
walkway leading to floating dock. This includes 6 feet by 40 feet of ELP walkway
perpendicular to the river, 6 feet by 20 feet of ELP walkway parallel to the river, and 3
feet by 18 feet of gangway connecting the walkway to the floating dock.
Therefore, given the above discussion within the context of the proposed land -use project, it
seems reasonable the proposed Facility improvements would be consistent with the intent of
KMC 14.20.150 and the intent of the Rural Residential Zoning District with respect to the
proposed use, given compliance with staff recommended specific conditions.
(2) The value of the adioining property and neighborhood will not be significantly impaired.
The subject parcel has been used as a private boat launching and parking facility historically
when it was owned by the previous private property owners. The proposed redevelopment
of the existing Facility will help to mitigate impacts to the surrounding property owners with
regards to parking and access to the Facility.
Therefore, provided that all conditions recommended by staff and the Planning and Zoning
Commission are followed, staff believes that the value of the adjoining property and
neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR). The plan defines LDR as "Low Density Residential because of
poor site conditions is intended for large -lot single-family residential development. The area
will typically be developed with individual on-site water supply and wastewater disposal
systems.
Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will
not be typically included in the subdivision design. Rural Residential becomes Low Density
Residential to avoid confusion with zoning category."
Goal 3 — Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU -1 states "Establish siting and design standards so that
development is in harmony and scale with surrounding uses."
The subject parcel has historically been a boat launch facility, which consists of a gravel
parking area with launching facility. The proposed redevelopment of the Facility as proposed
by Alaska State Parks would still be operated as a public boat launching facility. The Facility
as it has been designed by the applicant would not be enlarged into the surrounding
wetlands nor expanded beyond the ordinary high water mark on the Kenai River.
Resolution No. PZ17-25 Conditional Use Permit
Page 14
(4) Public services and facilities are adequate to serve the proposed use.
The subject parcel is served by an onsite water well and septic disposal system. City of
Kenai police and fire department resources are sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
The proposed project would enhance the public use of the subject Facility. It will increase
safety to the site by providing better parking, with delineated parking spaces for vehicles
and trailers. The proposed project will consist of the creation of 44 off-street parking
spaces on a paved surface. Whereas, the existing Facility currently has an estimated 57
off-street parking spaces on a gravel surface. While the proposed project does reduce the
number of parking spaces, which currently exist, the proposed project will provide for better
management of parking. The applicant has indicated that they will have an on-site camp
host, which will provide monitoring of the parking areas.
The proposed project also includes work within the 50 -foot Habitat Protection District of the
Kenai River as established by Kenai Peninsula Borough Code 21.18.081(B)(4) and
21.18.091. The Kenai Peninsula Borough River Center is processing a Conditional Use
Permit for this work. Staff therefore recommends adding a condition to require that the
applicant comply with all Conditions of Approval, as the Kenai Peninsula Borough requires
them.
Therefore, giving the above discussion and proposed conditions of approval, staff believes
that the proposed redevelopment of the existing boat launch facility at Eagle Rock, would
not have a harmful impact to the public safety, health or welfare, provided that all
conditions recommended by staff and the Planning and Zoning Commission are followed.
WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning
Commission to fulfill the conditions as set forth below shall be met by the applicant. These
may include, but are not limited to measures relative to access, screening, site
development, building design, operation of the use and other similar aspects related to the
proposed use, as follows:
Further development of the property shall conform to all Federal, State, and local
regulations, including those conditions required by the Kenai Peninsula Borough.
2. Prior to construction or redevelopment, the applicant shall obtain all required Building
Permits.
3. The applicant shall minimize damage to all vegetation and shall revegetate all disturbed
areas with native vegetation.
4. Construction techniques and best management practices shall be utilized to ensure that
land disturbing activities do not result in water runoff or sedimentation to the Kenai River.
5. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
Resolution No. PZ17-25 Conditional Use Permit
Page 15
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT
MORE USER FRIENDLY AND PROTECT VALUABLE NATURAL FEATURES MEETS THE
CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION
DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE
PERMIT.
PASSED BY THE PLANNING AND ZONING
ALASKA, this 2311 day of June, 2017.
COMMISSION OF THE CITY OF KENAI,
J rA ,CHAIRPERSON